BILL NO. 12

1st Session, 58th General Assembly
Nova Scotia
48 Elizabeth II, 1999

Government Bill

Mineral Resources Act
(amended)

The Honourable Ernest L. Fage
Minister of Natural Resources

First Reading: October 29, 1999

(Explanatory Notes)

Second Reading: November 5, 1999

Third Reading: November 16, 1999 (WITH COMMITTEE AMENDMENTS)

Explanatory Notes

Clause 1 adds a purpose Section to the Mineral Resources Act.

Clause 2

(a) adds a definition of "assessment work report";

(b) adds a definition of "bulk sampling";

(c) amends the definition of "claim";

(d) adds a definition of "excavation registration";

(e) removes a definition of "excavation permit";

(f) redefines "mining lease" as "mineral lease";

(g) adds a definition of "letter of authorization";

(h) removes the reference to the holder of a development licence from the definition of "licensee";

(i) removes the definition of "mill";

(j) removes the definition of "milling permit";

(k) removes the definition of "milling plan";

(l) exempts bulk sampling from the definition of "mine";

(m) adds a definition of "mineral lease" to replace the definition of "mining lease", which is being removed from the Act by this Clause;

(n) removes development licences from the definition of "mineral right";

(o) removes the definition of "mining lease" which is being replaced by a definition of "mineral lease" by this Clause;

(p) removes the definition of "mining permit";

(q) removes the definition of "mining plan";

(r) adds a definition of "non-mineral registration" to replace the present definition of "mining permits" for gypsum and non-crown limestone;

(s) includes the Registrar in the definition of "officer" and removes inspectors from that definition;

(t) removes the definition of "permit";

(u) removes the definition of "permit holder";

(v) includes companies within the definition of "person";

(w) removes the definition of "processing";

(x) adds a definition of "registrant"; and

(y) adds a definition of "safe" and "safety".

Clause 3

(a) enables the assistants of officers or persons designated by the Minister to exercise the powers of entry that now may be exercised only by officers and persons designated by the Minister; and

(b) enables those who may exercise those powers to do so not only when they are engaged in duties pursuant to the Act, which is now the case, but also when they are engaged in geoscientific activities.

Clause 4

(a) requires the Registrar to maintain not only a record of mineral rights and applications for such rights, which is now the case, but also a record of non-mineral registrations and applications for non-mineral registrations and maintain the registrations for inspection by the public; and

(b) provides that the confidentiality provisions of the Act are paramount to the Freedom of Information and Protection of Privacy Act.

Subclause 5(1) replaces a mineral right for a licence as a prerequisite to the right to search and prospect for minerals. Subclause 5(2) replaces the performance of work on a claim or tract with exploration, development or production of minerals on claims as the types of activity that a person, who is not a mineral right holder or who is not authorized by a mineral right holder, is prohibited from carrying out. Clause 6 removes all references to permits from a provision that deals with what documents the Minister may grant and replaces them with references to non-mineral registration. Clause 7 substitutes a reference to a mining permit in a provision that deals with applications for special licences and leases and replaces it with a reference to a registration. Subclause 8(1) substitutes a reference to a claim or claims for a reference to claims or tracts in a provision dealing with the form and contents of an application for a licence. Subclause 8(2) makes it clear that it is not necessary for the registrar to personally inscribe the date and time of an application. Subclause 9(1) removes provisions that require that an applicant file with the Registrar a copy of its memorandum, articles of association and letters patent and the date of its last annual meeting. Subclause 9(2) corrects a cross-reference. Clause 10 adds references to non-mineral registrations to a provision that places restrictions on the authority of the Registrar to accept applications for exploration licences and removes from that provision a reference to a mining permit. Clause 11

(a) makes it clear that a reference to a right in a provision that restricts the right to issue a licence when there is a dispute is a reference to the right of the Registrar to issue a licence; and

(b) removes from the same provision references to "tract" and replaces them with references to "claims".

Clause 12

(a) substitutes references to tracts and areas with references to claims in provisions that deal with tenders for competing applications; and

(b) makes it clear that the obligation of the Minister to issue an exploration licence when an application is complete is subject to the duty of the Minister to refuse the licence where the Minister is of the opinion that it is not in the public interest to do so.

Clause 13 corrects a cross-reference and substitutes a reference to a mining lease with a reference to a mineral lease. Clause 14 replaces references to licensees and licences with references to mineral rights holders and mineral rights in a provision that prohibits entry on or working of private land. Clause 15 replaces references to licensees with references to mineral right holders in a provision that prohibits entry on or working of Crown lands. Clause 16 adds to a provision that refers to the Metalliferous Mines and Quarries Act a reference to any replacement or amendments to that Act. Clause 17 clarifies what the contents of a work report should be for inclusion in a statement of expenditure. Clause 18

(a) makes it clear that a provision that restricts the right to apply applies to the right to apply for a claim in an exploration licence that has expired and not for the exploration licence itself; and

(b) corrects a misspelling.

Clause 19 substitutes a reference to a "tract" in a provision dealing with renewal of an exploration licence with a reference to claims. Clause 20 adds a provision that requires that production of a mineral other than gypsum or limestone that has not been declared a mineral be carried out in accordance with a mineral lease. Clause 21

(a) requires that the written undertaking to commence production that is given in support of an application for a lease that production will be commenced must also state that the production will start within two years of obtaining the lease; and

(b) removes the requirement that a written undertaking to obtain a mining permit within two years of obtaining the lease must be filed in support of an application for a lease.

Clause 22 removes a reference to a mining lease in a provision that deals with formalities and filing and replaces it with a reference to a mineral lease. Clause 23 removes references to lessee and permit holder from a provision that prohibits the carrying out of work on private land except pursuant to an agreement with the owner and replaces them with references to mineral right holder and registrant. Clause 24 removes references to a mining lease from provisions that deal with the effect of the expiry of a lease, the date of an exploration licence and the assessment required for an exploration licence and replaces them with references to a mineral lease. Clause 25 sets out the information that a lessee is required to maintain on the leased premises. Clause 26 removes a reference to a permit holder in a provision that deals with work reports and replaces it with a reference to "registrant". Clause 27 amends the provisions dealing with application of work credits to allow work credits to be "banked" and used after the lease terminates. Clause 28 removes a reference to "tracts" in a provision that deals with conversion. Subclause 29(1)

(a) replaces the failure to obtain a mining permit with the failure to commence certain work within two years after the obtaining of the lease as an event that triggers the review of a lease by the Minister; and

(b) replaces the forfeiture of a mining permit with the failure to submit prescribed annual reports as an event that triggers the review of a lease by the Minister.

Subclause 29(2) includes special licences approved by the Minister in a provision that deals with assessment work. Clause 30 removes the failure to obtain a mining licence before commencing production as an event that triggers the forfeiture of a lease. Clause 31 removes a provision that requires the payment of a deposit with an application for a right in land and replaces it with a provision that a deposit shall only be made where the Minister requires a deposit. Clause 32 incorporates a reference to Section 120 and removes other references that are unnecessary as a result of incorporating the reference to Section 120. Clause 33 removes a reference to a "site" in a provision that deals with the finality of a decision of the Minister. Clause 34 amends a provision that deals with remedies available to the Minister by

(a) clarifying that the rights recoverable by the Minister are mineral rights; and

(b) replacing a reference to a tract with a reference to claims.

Clauses 35, 36, 37 and 38 replace references to permit holders with references to registrants and references to permits with references to non-mineral registrations in provisions dealing with lost documents, the surrender of rights, the liability of a holder and restrictions on and formalities of transfers. Subclause 39(1) adds a filing requirement. Subclause 39(2) adds a cross-reference that is necessary as a result of the amendment made by subclause 37(1) and changes the manner in which a confidential document is to be marked. Subclause 39(3) adds references to non-mineral registrations in a provision dealing with priority by registration. Subclause 40(1) replaces references to licences with references to mineral rights and references to leases and permits with references to non-mineral registrations in a provision dealing with the operation of instruments. Subclause 40(2) adds a new provision that is necessary because of the Act now applying to non-mineral registrations. Subclause 40(3) replaces references to licences and leases with references to mineral rights and references to permits with references to non-mineral registrations in a provision dealing with deemed ownership. Subclause 40(4) adds a reference to non-mineral registration to a provision that deals with unregistered trusts. Clause 41 removes a provision that requires a mining permit to mine for minerals or gypsum or limestone that has not been declared as a mineral and replaces it with a provision that requires a non-mineral registration in order to carry out production of gypsum or limestone that has not been declared a mineral. Subclause 42(1) removes a provision dealing with the issue of mining permits. Subclause 42(2) amends a provision dealing with the issue of permits by

(a) replacing a reference to mining permit with a reference to non-mineral registration;

(b) replacing the requirement for the submission of an approved mining plan with a requirement for a written undertaking to commence production; and

(c) adding a requirement that the Minister be satisfied that the applicant has delineated a gypsum or non-Crown limestone deposit in the registration area.

Subclause 42(3) replaces a reference to a permit with a reference to non-mineral registration in a provision dealing with the application of the Act to a holder and changes a cross-reference that is necessary as a result of the repeal by Clause 39 of Section 89. Clause 43 replaces a reference to a mining permit with a reference to a lease or non-mineral registration in a provision that deals the duties of a holder of a mining permit. Subclause 44(1) amends a provision that deals with the rights of a holder by

(a) replacing a reference to mining permits with a reference to non-mineral registrations;

(b) replacing a reference to mining with a reference to carrying out the production of gypsum or non-Crown limestone; and

(c) removing the requirement that the area of the mine be approved by the Minister.

Subclause 44(2) removes a provision that deals with mining permits. Subclause 44(3) replaces a reference to mining permit with a reference to non-mineral registration in a provision that deals with formalities and filing. Subclause 44(4) removes a provision that deals with the termination of mining permits. Clause 45 removes provisions dealing with mining operations. Subclause 46(1) amends a provision that deals with the events that trigger a mandatory review by the Minister of mineral rights by making the language of the provision consistent with the language contained in leases. Subclause 46(2) replaces a reference to a forfeiture with a reference to a cancellation and removes the power of the Minister to make orders on a review other than the orders the Minister is specifically authorized to make. Subclause 46(3) changes a reference in a provision that deals with the Minister's power to terminate a right from forfeiture to cancellation. Subclause 46(4) amends all of Section 94 by replacing references to mining permits and permit holders with references to non-mineral registrations and registrants, respectively. Clause 47 amends a provision that deals with notice of a termination of a right by

(a) replacing references to mining permits, permit holders and forfeiture with references to non-mineral registrations, registrants and cancellation; and

(b) removing a failure to submit a revised mining plan as an event that triggers the cancellation of a right.

Subclause 48(1) changes the definition of "inefficient mining" from the operating or working of a mine that, in the opinion of the Minister, is not the most economical, does not employ the most efficient methods, unduly reduces the life of the operation or produces less than the optimum recovery of valuable minerals to the extraction or recovery of a mineral or minerals that, in the opinion of the Minister, unduly affects the manner in which the mineral deposit product may be mined or that produces less than the optimum recovery of minerals. Subclauses 48(2) and (3) replace references to the Director of Mines with references to the Minister in a provision that deals with investigations. Subclauses 48(4), 48(5) and 48(6) amend provisions that deal with a notice of an order, time for compliance and consequences of non-compliance by

(a) replacing references to permit holders, mining permits and operators with references to lessees and leases; and

(b) removing references to an operator.

Clause 49 amends a provision that deals with security by replacing references to mining permits, permits and permit holders with references to leases, registrations and lessees, respectively, and by adding references to non-mineral registrations and letters of authorization. Clause 50 removes a provision that requires liability insurance on an application for a mining permit. Clause 51 replaces references to permit holders with references to lessees in provisions dealing with notice of termination and maintenance of access and reports, adds a reference to registrants in the provision dealing with reports and replaces a reference to a mining permit holder holder with a licensee in a provision dealing with excavation registrations. Subclause 52(1) amends a provision dealing with permits by

(a) replacing a reference to a mineral right holder with a reference to a licensee;

(b) replacing a reference to obtaining a permit with submitting and having the permit recorded; and

(c) restricting the requirement for a permit for bulk sampling to bulk sampling for the removal of less than 100 tonnes of mineral-bearing material.

Subclause 52(2) replaces a reference to an excavation permit holder with a reference to a licensee in a provision that deals with deposits. Clause 53 removes provisions dealing with milling permits and replaces them with a provision dealing with letters of authorization. Clause 54 replaces references to mining leases, mining permits and excavation permits with references to mineral leases, excavation registrations and letters of authorization in a provision dealing with presumptions of the value and quantity of material mined. Clause 55 amends a provision dealing with the calculation of net income by removing a reference to safety and by replacing references to mine sites with references to mines. Clause 56 replaces a reference to the operator of a mine with a reference to a lessee in a provision dealing with information that must be given to the Mine Assessor. Clause 57 replaces a reference to a mine site with a reference to a mine in a provision that prescribes where records are to be kept. Clause 58 corrects a misspelling. Clause 59 provides that the confidentiality provisions of the Act are paramount to the Freedom of Information and Protection of Privacy Act. Clause 60 replaces a reference to an inspection with a reference to an investigation in a provision dealing with rights of entry. Clause 61 removes the limit of $3,000.00 on the amount a court may award to a person who has suffered damages by reason of the commission of an offence under the Act by another person. Clause 62 combines into one Section the existing offence provisions that deal with mining without the authority required by the Act. Subclause 63(1) replaces a reference to a permit with a reference to a non-mineral registration in a provision that deals with rights of entry and search. Subclause 63(2) replaces a provision that enables an officer to order the owner or tenant of land on which unauthorized mining is being carried out to reclaim the land and replaces it with a provision that enables an officer to order the person carrying on the mining to cease doing so and to reclaim the land. Clause 64 replaces a reference to a permit with a non-mineral registration in a provision dealing with rights of seizure. Clause 65 removes an offence provision that has been combined with another offence provision by Clause 62. Clause 66 replaces a reference to a mining permit with a reference to a lease in a provision dealing with mining after cancellation of a right and adds to that provision a reference to a non-mineral registration. Clause 67 removes provisions dealing with milling licences. Clause 68 removes a provision dealing with investigations, since this provision is combined, by Clause 67, with another provision. Subclause 69(1)

(a) combines a provision dealing with investigations and a provision dealing with the duties of the Registrar on a failure to comply with the Act; and

(b) replaces references in the provisions to licences, permits, licensees and permit holders with references to mineral rights, non-mineral registrations, mineral right holders and registrants.

Subclauses 69(2) to (7) amend provisions dealing with remedying violations, forfeiture of rights and appeals by replacing references to licences, excavation permits, licensees and permit holders with references to mineral rights, non-mineral registrations, mineral rights holders and registrants and also by replacing references to forfeitures with references to cancellations. Clause 70 replaces references to permit holder and permit with references to registrant and non-mineral registration in a provision dealing with entitlement to documents. Clause 71 amends the regulation-making powers by

(a) removing the power to make regulations respecting the disposal of tailings, slimes, waste products or any noxious or deleterious substance or contaminant upon any lands or into waters;

(b) removing references to mines and mining lands and substituting references to lands affected by exploration or mining activities;

(c) replacing the power to make regulations governing the operation of any mine or mill where minerals, mineral-bearing substance, gypsum or limestone are being mined or processed with a power to make regulations governing the mining of any minerals, mineral-bearing substance, gypsum or limestone;

(d) replacing the power to make regulations providing for the carrying out of all operations pursuant to the Act in a safe and efficient manner with a power to make regulations respecting the use of mineral resources;

(e) replacing a reference to a permit holder or the operator of a mine with a reference to a registrant or prospector;

(f) replacing the power to make regulations respecting requirements relating to protection, reclamation and rehabilitation of the environment before mining commences, during mining and after mining is discontinued with a power to make regulations respecting requirements relating to reclamation and rehabilitation of mines;

(g) extending the power to make regulations with respect to reports made pursuant to Section 61 to making regulations respecting any reports that are made pursuant to the Act;

(h) extending the power to make regulations with respect to the method of application, form, content, terms and conditions of mineral rights to include the power to make such regulations with respect to licences, notices, excavation registrations, non-mineral registrations, letters of authorization and leases, and removes the reference to permits in this regulation-making power;

(i) making it clear that the power to define means the power to define words and expressions appearing in the Act or the regulations; and

(j) creating additional regulation-making powers.

Subclause 72(1) makes the confidentiality provisions of the Act paramount to the Freedom of Information and Protection of Privacy Act, makes a provision making certain documents confidential apply to information contained in work reports, removes a reference in the provision to a mining lease and replaces it with a reference to a mineral lease and adds to the provision a reference to non-mineral registration. Subclause 72(2) replaces a reference to permit holder with a reference to registrant in a provision dealing with exceptions from the confidentiality provisions. Subclause 72(3) removes a provision that makes data submitted for assessment work credit confidential for a period of two years from the date of submission and replaces it with a provision that makes the assessment work report confidential for a period of two years from the date of submission unless the licence expires at which time the reports submitted and held in confidence shall be released. Subclause 72(4) removes references to lessees, permit holders, mining permits and data from a provision dealing with extension and termination of confidentiality and replaces them with references to mineral rights owners and registrants and information. Clause 73 removes provisions dealing with mining and milling permits. Clause 74 adds a provision that requires a review of the Act by an advisory committee. Clause 75 contains transitional provisions. Clause 76 makes consequential amendments to the Environment Act. Clause 77 provides that this Act comes into force on proclamation.

An Act to Amend Chapter 18
of the Acts of 1990,
the Mineral Resources Act

Be it enacted by the Governor and Assembly as follows:

1 Chapter 18 of the Acts of 1990, the Mineral Resources Act, as amended by Chapter 37 of the Acts of 1992, Chapter 36 of the Acts of 1994 and Chapter 8 of the Acts of 1995-96, is further amended by adding immediately after Section 1 the following Section:

2 Section 2 of Chapter 18, as amended by Chapter 37 of the Acts of 1992 and Chapter 36 of the Acts of 1994, is further amended by

(a) adding immediately after clause (a) the following clauses:

(b) striking out "mineral" in the first line of clause (b);

(c) striking out "and renewable annually" in the second and third lines of clause (b);

(d) striking out clause (g) and substituting the following clause:

(e) striking out "mining" in the first line of clause (j) and substituting "mineral";

(f) adding immediately after clause (l) the following clause:

(g) striking out the comma in the second line of clause (n) and substituting "or";

(h) striking out "or a development licence" in the second line of clause (n);

(i) striking out clauses (o), (p) and (q);

(j) striking out "includes" in the first line of clause (r) and substituting "does not include bulk sampling but does include";

(k) adding immediately after clause (s) the following clause:

(l) striking out "and includes a development licence" in the first and second lines of clause (t);

(m) striking out clauses (va), (w) and (x);

(n) adding immediately following clause (y) the following clause:

(o) striking out "an inspector," in the first line of clause (z) and substituting "the Registrar, an";

(p) striking out clauses (ab) and (ac);

(q) adding "or a company" immediately after "partnership" in clause (ad);

(r) striking out clause (ag);

(s) adding immediately after clause (ai) the following clause:

and

(t) adding immediately after clause (aj) the following clause:

3 Section 17 of Chapter 18 is amended by

(a) adding "and their assistants" immediately after "Minister" in the first and second lines; and

(b) adding "or geoscientific activities" immediately after "Act" in the second line.

4 (1) Subsection 19(4) of Chapter 18 is amended by adding "and non-mineral registrations" immediately after "rights" in the second line.

(2) Subsection 19(5) of Chapter 18 is amended by adding "and non-mineral registrations" immediately after "rights" in the second line.

(3) Subsection 19(6) of Chapter 18 is amended by adding "and registrants" immediately after "holders" in the last line.

(4) Subsection 19(8) of Chapter 18 is amended by

(a) adding "and non-mineral registrations" immediately after "rights" in the third line;

(b) adding "and registrants" immediately after "holders" in the fourth line; and

(c) adding "and non-mineral registrations" immediately after "rights" in the last line.

(5) Subsection 19(9) of Chapter 18 is amended by striking out "Departmental" in the first line and substituting "Notwithstanding the Freedom of Information and Protection of Privacy Act, departmental".

5 (1) Subsection 21(2) of Chapter 18 is amended by striking out "licence" in the last line and substituting "mineral right".

(2) Subsection 21(4) of Chapter 18 is amended by

(a) striking out "perform any work" in the second and third lines and substituting "carry out any exploration, development or production of minerals"; and

(b) striking out "tract" in the third line and substituting "claims".

6 Subsection 22(7) of Chapter 18 is amended by

(a) striking out "permit" in the third line and substituting "a non-mineral registration";

(b) striking out "permit holder" in the first and second lines of clause (a) and substituting "registrant"; and

(c) striking out "permit" in the last line of clause (b) and substituting "non-mineral registration".

7 Section 23 of Chapter 18 is amended by striking out "mining permit" in the last line and substituting "registration".

8 (1) Subsection 24(2) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by striking out "claims or tracts" in the second and third lines and substituting "claim or claims".

(2) Subsection 24(3) of Chapter 18 is amended by striking out "inscribe an application" in the first line and substituting "cause an application to be inscribed".

9 (1) Clause 25(1)(c) of Chapter 18 is amended by

(a) striking out "memorandum, articles of association, letters, patent, by-laws and" in the first, second and third lines of subclause (v);

(b) adding "and" immediately after subclause (viii); and

(c) striking out subclause (ix) and "and" at the end of that subclause.

(2) Subsection 25(2) of Chapter 18 is amended by adding "of subsection (1)" immediately after "(c)" in the third line.

10 Section 30 of Chapter 18 is amended by

(a) adding ", non-mineral registration" immediately after "licence" in the third line;

(b) striking out ", mining permit" in the third line; and

(c) adding "or non-mineral registration" immediately after "right" in the last line.

11 Subsection 32(1) of Chapter 18 is amended by

(a) striking out "license a claim or tract" in the second line and substituting "issue a licence for a claim or claims"; and

(b) striking out "tract" in the third line and substituting "claims".

12 (1) Subsection 34(1) of Chapter 18 is amended by striking out "area" in the second line and substituting "claim or claims".

(2) Subsection 34(2) of Chapter 18 is amended by

(a) striking out "Where" in the first line and substituting "Subject to subsection (3) of Section 32, where"; and

(b) striking out "tract" in the second line of clause (a) and substituting "claims".

(3) Subsection 34(3) of Chapter 18 is amended by striking out "tract" in the third line and substituting "claims".

13 Section 38 of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by

(a) striking out "101" in the first line and substituting "100"; and

(b) striking out "mining" in the fourth line and substituting "mineral".

14 Section 39 of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by

(a) striking out "licensee" wherever it appears in that Section and substituting in each case "mineral right holder"; and

(b) striking out "licence" in the fourth line and substituting "mineral right".

15 Section 40 of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by striking out "licensee" wherever it appears in that Section and substituting in each case "mineral right holder".

16 Section 42 of Chapter 18 is amended by adding "or any replacement of that Act or amendment thereto" immediately after "Act" in the third line.

17 Subsection 43(1) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by striking out "statement of expenditure in the prescribed form as to the assessment work done or caused to be done" in the first, second and third lines and substituting "report detailing all the work done or caused to be done during the year of the licence, including assessment work and other related work and a statement of expenditure in the prescribed form".

18 Subsection 46(1) of Chapter 18 is amended by

(a) adding "a claim or claims that were contained in" immediately after "for" in the first line; and

(b) striking out "preceeding" in the seventh line and substituting "preceding".

19 Clause 47(1)(b) of Chapter 18 is amended by striking out "tract or claim" in the first line and substituting "claim or claims".

20 Chapter 18 is further amended by adding immediately after Section 55 the following Section:

21 Subsection 56(1) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by

(a) striking out "an economic" in the second line of clause (c) and substituting "a";

(b) adding "within two years of obtaining the lease" immediately after "production" in the last line of clause (d); and

(c) striking out clause (e).

22 Subsection 58(1) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by striking out "mining" in the first line and substituting "mineral".

23 Section 59 of Chapter 18 is amended by striking out "lessee or permit holder" wherever that phrase appears in that Section and substituting in each case "mineral right holder or registrant".

24 (1) Subsection 60(2) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by striking out "mining" wherever it appears in that subsection and substituting in each case "mineral".

(2) Subsection 60(4) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by striking out "mining" in the third line and substituting "mineral".

(3) Subsection 60(5) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by striking out "mining" in the last line and substituting "mineral".

25 Chapter 18 is further amended by adding immediately after Section 60 the following Section:

26 Section 61 of Chapter 18, as enacted by Chapter 36 of the Acts of 1994, is amended by striking out "permit holder" in the first line and substituting "registrant".

27 Subsection 62(2) of Chapter 18 is amended by

(a) striking out the comma immediately after "(1)" in the second line and substituting "they retain their value until the termination of the lease or any replacement thereof and may be applied to a licence acquired pursuant to subsection (5) of Section 65"; and

(b) striking out clauses (a) and (b).

28 Subsection 64(1) of Chapter 18 is amended by striking out "and tracts" in the fourth and fifth lines.

29 (1) Clauses 65(1)(a) and (b) of Chapter 18 are repealed and the following clauses substituted:

(a) the lessee fails to commence production or significant development work leading to production within two years of obtaining the lease;

(b) the lessee fails to submit the prescribed annual reports;

(2) Subsection 65(7) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by adding "or the Minister, as the case may be" immediately after "Council" in the last line.

30 Clause 68(a) of Chapter 18 is repealed.

31 Subsection 70(2) of Chapter 18 is amended by adding "where the Minister requires the deposit" immediately after "owner" in the last line.

32 Section 77 of Chapter 18 is amended by

(a) striking out "(1)" immediately following the Section number;

(b) adding "subject to Section 120, acquire all or any property for the Province;" immediately after the second comma in the first line of clause (b);

(c) striking out subclauses (b)(i) and (ii);

(d) striking out "subclause (ii) of" in the first and second lines of subclause (c)(i); and

(e) striking out subclause (c)(ii) and substituting the following subclause:

33 Section 80 of Chapter 18 is amended by striking out "site" in the third line.

34 Section 82 of Chapter 18 is amended by

(a) adding "the mineral rights contained in" immediately after "of" in the third line; and

(b) striking out "tract" in the last line and substituting "claims".

35 (1) Subsection 83(1) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by

(a) striking out "permit holder" in the first line and substituting "registrant";

(b) striking out "permit" in the third line and substituting "non-mineral registration"; and

(c) striking out "permit" in the last line and substituting "non-mineral registration".

(2) Subsection 83(2) of Chapter 18 is amended by striking out "permit" in the first line and substituting "non-mineral registration".

(3) Subsection 83(3) of Chapter 18 is amended by

(a) striking out "permit" in the third line and substituting "non-mineral registration"; and

(b) striking out "permit holder" in the fourth line and substituting "registrant".

(4) Subsection 83(4) of Chapter 18 is amended by

(a) striking out "permit" in the second line and substituting "non-mineral registration"; and

(b) striking out "permit holder" in the last line and substituting "registrant".

36 Section 84 of Chapter 18 is amended by

(a) striking out "permit" in the first line and substituting "non-mineral registration";

(b) striking out "permit holder" in the second line and substituting "registrant"; and

(c) striking out "permit" in the fourth line and substituting "non-mineral registration".

37 Subsection 85(3) of Chapter 18 is amended by adding "or non-mineral registration," immediately before "shall" in the second line.

38 Section 86 of Chapter 18 is amended by adding "or non-mineral registration" immediately after "right" in the first line.

39 (1) Section 87 of Chapter 18 is amended by adding immediately after subsection (1) the following subsection:

(2) Subsection 87(2) of Chapter 18 is repealed and the following subsection substituted:

(3) Subsection 87(3) of Chapter 18 is amended by adding "or non-mineral registration" immediately after "right" in the second, in the third and in the sixth lines.

40 (1) Subsection 88(1) of Chapter 18 is amended by

(a) striking out "licence, for a lease or for a permit" in the first and second lines and substituting "mineral right or for a non-mineral registration"; and

(b) adding "non-mineral registration" immediately after "right" in the second line.

(2) Section 88 of Chapter 18 is further amended by adding immediately after subsection (2) the following subsection:

(3) Subsection 88(3) of Chapter 18 is amended by

(a) striking out "licence, for a lease or for a permit" in the second line and substituting " mineral right or non-mineral registration"; and

(b) adding "or non-mineral registration" immediately after "right" in the third and in the fourth lines.

(4) Subsection 88(4) of Chapter 18 is amended by adding "or non-mineral registration" immediately after "right" in the third line.

41 Section 89 of Chapter 18 is repealed and the following Section substituted:

42 (1) Subsection 90(1) of Chapter 18 is repealed.

(2) Subsection 90(2) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by

(a) striking out "mining permit required by clause (b) of" in the first and second lines and substituting "non-mineral registration required by";

(b) adding "for a non-mineral registration" immediately after "application" in clause (a);

(c) striking out clause (c) and substituting the following clauses:

(d) striking out "mining permit" in the second last and last lines and substituting "non-mineral registration".

(3) Subsection 90(3) of Chapter 18 is amended by

(a) striking out "permit" in the first line and substituting "non-mineral registration"; and

(b) striking out "clause (b) of" in the first and second lines.

43 Section 91 of Chapter 18 is amended by striking out "mining permit" in the first line and substituting "lease or non-mineral registration".

44 (1) Subsection 92(1) of Chapter 18 is amended by

(a) striking out "mining permit" in the first line and substituting "non-mineral registration";

(b) striking out "permit holder" in the second line and substituting "registrant";

(c) striking out "mine" in the second line and substituting "carry on the production of gypsum or non-Crown limestone";

(d) striking out "mining permit" in the third line and substituting "non-mineral registration"; and

(e) striking out "and as approved by the Minister" in the fourth and fifth lines.

(2) Subsection 92(2) of Chapter 18 is repealed.

(3) Subsection 92(3) of Chapter 18 is amended by striking out "mining permit" in the first line and substituting "non-mineral registration".

(4) Subsection 92(4) of Chapter 18 is repealed.

45 Section 93 of Chapter 18 is repealed.

46 (1) Clauses 94(1)(a), (b), (c) and (d) of Chapter 18 are repealed and the following clauses substituted:

(2) Subsection 94(2) of Chapter 18 is amended by

(a) adding "or" at the end of clause (a);

(b) striking out "forfeit" in clause (b) and substituting "cancel";

(c) striking out "; or" at the end of clause (b) and substituting a period; and

(d) striking out clause (c).

(3) Subsection 94(4) of Chapter 18 is amended by

(a) striking out "forfeited" in the fourth line and substituting "cancelled";

(b) striking out "permit "Forfeited"" in the fifth line and substituting "non-mineral registration "Cancelled""; and

(c) striking out "forfeiture" in the last line and substituting "cancellation".

(4) Section 94 of Chapter 18 is further amended by

(a) striking out "mining permit" wherever that phrase appears in the Section and substituting in each case "non-mineral registration"; and

(b) striking out "permit holder" wherever that phrase appears in the Section and substituting in each case "registrant".

47 Section 95 of Chapter 18 is repealed and the following Section substituted:

48 (1) Subsection 96(1) of Chapter 18 is amended by

(a) striking out "operating or working of a mine" in the second line and substituting "extraction or recovery of a mineral or minerals";

(b) striking out clauses (a) and (b);

(c) striking out "reduces the life of the operation" in the first and second lines of clause (c) and substituting "unduly affects the ability of the mineral deposit to be mined"; and

(d) striking out "valuable" in the second line of clause (d).

(2) Subsection 96(2) of Chapter 18 is amended by striking out "Director of Mines" wherever that phrase appears in the subsection and substituting in each case "Minister".

(3) Subsection 96(3) of Chapter 18 is repealed and the following subsection substituted:

(4) Subsection 96(4) is amended by striking out "permit holder or operator" in the first and second lines and substituting "lessee".

(5) Subsection 96(5) of Chapter 18 is amended by striking out "permit holder or operator" in the second line and substituting "lessee".

(6) Subsection 96(6) of Chapter 18 is amended by

(a) striking out "permit holder or operator" in the first line and substituting "lessee"; and

(b) striking out "mining permit" in the last line and substituting "lease".

49 Subsection 97(1) of Chapter 18, as enacted by Chapter 36 of the Acts of 1994, is amended by

(a) striking out "mining permit or an excavation permit" in the first and second lines and substituting "lease, non-mineral registration, an excavation registration or letter of authorization";

(b) striking out "mining permit" in the third line of clause (a) and substituting "lease, non-mineral registration or letter of authorization";

(c) striking out "permit" in the third and fourth lines of clause (b) and substituting "registration"; and

(d) striking out "permit holder or an agent or assignee of the permit holder" in the second last and last lines and substituting "lessee, registrant or holder of an excavation registration or letter of authorization or an agent or assignee of the lessee, registrant or holder of an excavation registration or letter of authorization".

50 Section 98 of Chapter 18 is repealed.

51 (1) Subsection 99(1) of Chapter 18 is amended by

(a) striking out "mining permit holder" in the first line and substituting "lessee"; and

(b) striking out "permit holder's" in the second and third lines and substituting "lessee's".

(2) Subsection 99(3) of Chapter 18 is repealed and the following subsection substituted:

(3) Subsection 99(4) of Chapter 18 is amended by striking out "permit holder" in the second line and substituting "lessee".

(4) Clauses 99(5)(a) and (b) of Chapter 18 are repealed and the following clauses substituted:

(a) shall be borne by the lessee or the legal representative of the lessee; or

(b) may be paid by the Minister and thereafter shall be recovered from the lessee or the legal representative of the lessee or any of them and form a charge upon the property.

(5) Subsection 99(6) of Chapter 18 is amended by

(a) striking out "permit holder, lessee" in the third line and substituting "lessee or registrant"; and

(b) striking out "permit holder" in the fourth line and substituting "lessee or registrant".

52 (1) Subsection 101(1) of Chapter 18 is amended by

(a) striking out "mineral right holder" in the first line and substituting "licensee";

(b) striking out "obtain" in the first line and substituting "submit and have recorded";

(c) striking out "permit" in the second line and substituting "registration"; and

(d) adding "for the removal of less than one hundred tonnes of mineral-bearing material" immediately after "sampling" in clause (d).

(2) Subsection 101(2) of Chapter 18 is amended by striking out "excavation permit holder" in the second line and substituting "licensee".

53 Sections 102 to 106 of Chapter 18 are repealed and the following Section substituted:

54 Section 115 of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by striking out "mining lease, mining permit or excavation permit" in the fourth and fifth lines and substituting "mineral lease, excavation registration or letter of authorization".

55 Section 124 of Chapter 18 is amended by

(a) striking out "safety," in the second line of clause (j); and

(b) striking out "site" wherever it appears in the Section.

56 Section 126 of Chapter 18 is amended by striking out "operator of a mine" in the first line and substituting "lessee".

57 Subsection 143(2) of Chapter 18 is amended by striking out "site" in the last line.

58 Section 146 of Chapter 18 is amended by striking out "comtemplated" in the first line and substituting "contemplated".

59 Subsection 150(1) of Chapter 18 is amended by

(a) striking out "Subject" in the first line and substituting "Notwithstanding the Freedom of Information and Protection of Privacy Act but subject"; and

(b) adding "or as otherwise provided in this Act" immediately after "it" in the seventh line.

60 Section 155 is amended by striking out "inspection" in the third line and substituting "investigation".

61 (1) Subsection 156(2) of Chapter 18 is amended by striking out all that portion of the subsection immediately following "convicted" in the sixth line to the end of the subsection and substituting a period.

(2) Subsection 156(3) of Chapter 18 is repealed.

62 Section 157 of Chapter 18 is repealed and the following Section substituted:

63 (1) Subsection 158(1) of Chapter 18 is amended by striking out "permit" in the second last line and substituting "non-mineral registration".

(2) Subsection 158(5) of Chapter 18 is repealed and the following subsection substituted:

64 Subsection 159(1) of Chapter 18 is amended by striking out "permit" in the third line and substituting "non-mineral registration".

65 Section 160 of Chapter 18 is repealed.

66 Section 161 of Chapter 18 is amended by striking out "mining permit" in the second line and substituting "lease or non-mineral registration".

67 Sections 162 and 163 of Chapter 18 are repealed.

68 Section 166 of Chapter 18 is repealed.

69 (1) Subsection 167(1) of Chapter 18 is repealed and the following subsection substituted:

(2) Subsection 167(2) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by

(a) striking out "licence" in the second line and substituting "mineral right";

(b) striking out "excavation permit" in the second line and substituting "non-mineral registration";

(c) striking out "licensee" in the third line and substituting "mineral right holder"; and

(d) striking out "excavation permit holder" in the third line and substituting "registrant".

(3) Subsection 167(3) of Chapter 18 is amended by

(a) striking out "licensee or permit holder" in the second line and substituting "mineral right holder or registrant"; and

(b) striking out "licensee or permit holder" in the first line of clause (b) and substituting "mineral right holder or registrant".

(4) Subsection 167(4), (5), (6) and (7) of Chapter 18 are repealed and the following subsections substituted:

70 Section 168 of Chapter 18 is amended by

(a) striking out "permit holder" in the first line and substituting "registrant"; and

(b) striking out "permit" in the last line and substituting "non-mineral registration".

71 Subsection 174(1) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by

(a) striking out clause (a);

(b) striking out "a mine or mining lands" in the last line of clause (b) and substituting "lands affected by exploration or mining activities";

(c) striking out clauses (c) and (d) and substituting the following clauses:

(d) striking out "or permit holder or the operator of a mine" in the third and fourth lines of clause (e) and substituting ", registrant or prospector";

(e) adding immediately after clause (g) the following clause:

(f) striking out clause (i) and substituting the following clause:

(g) striking out "Section 61" in the second line of clause (ma) and substituting "this Act";

(h) striking out "and permits" in the last line of clause (r) and substituting "licences, notices, non-mineral registrations, letters of authorization and leases";

(i) adding "administration," immediately after "the" in the first line of clause (t);

(j) striking out clause (u);

(k) striking out clause (y) and substituting the following clause:

(l) striking out "but" in the second line of clause (ab) and substituting "in this Act and the regulations and"; and

(m) adding immediately after clause (aa) the following clauses:

72 (1) Subsection 175(1) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by

(a) striking out "Except" in the first line and substituting "Notwithstanding the Freedom of Information and Protection of Privacy Act and except"; and

(b) striking out "shall remain confidential for the life of the relevant mining lease or permit, as the case may be" in the fourth, fifth and sixth lines and substituting "and information submitted pursuant to Section 61 shall remain confidential for the life of the relevant mineral lease or non-mineral registration".

(2) Subsection 175(2) of Chapter 18, as enacted by Chapter 36 of the Acts of 1994, is amended by striking out "permit holder" in the second last line and substituting "registrant".

(3) Subsection 175(3) of Chapter 18 is repealed and the following subsection substituted:

(4) Subsection 175(4) of Chapter 18, as amended by Chapter 36 of the Acts of 1994, is further amended by

(a) striking out "lessee or mining permit holder or the former holder of a mining permit" in the first and second lines of clause (a) and substituting "mineral right holder or registrant";

(b) striking out "former holder of a mining permit" in the second and third lines of subclause (b)(i) and substituting "registrant";

(c) striking out "data" in the fourth line of clause (b)(i) and substituting "information"; and

(d) striking out subclause (b)(ii) and substituting the following subclause:

73 Sections 181 and 182 of Chapter 18 are repealed.

74 Chapter 18 is further amended by adding immediately after Section 183 the following Section:

75 (1) In this Section,

(a) "excavation permit", "milling permit", "mining lease", "mining permit" and "special lease" have the same meaning as in Chapter 18;

(b) "letter of authority" means a letter of authority issued pursuant to clause 56(b) of the regulations;

(c) "regulations" means regulations made pursuant to Chapter 18.

(2) Each excavation permit that was in effect immediately before the coming into force of this Section continues in effect on and after the coming into force of this Section until it terminates by reason of the lapse of time or is lawfully terminated.

(3) Each letter of authority that was in effect immediately before the coming into force of this Section continues in effect on and after the coming into force of this Section until it terminates by lapse of time or is lawfully terminated.

(4) Each milling permit that was in effect immediately before the coming into force of this Section is no longer in effect on and after the coming into force of this Section.

(5) Each mining permit that was in effect immediately before the coming into force of this Section is no longer in effect on and after the coming into force of this Section, but each person who was, immediately before the coming into force of this Section, the holder of a mining permit to mine limestone not owned by Her Majesty or gypsum, or both, is, on and after the coming into force of this Section, deemed to have been granted, on the coming into force of this Section, a non-mineral registration in Form 18 of the regulations granting the right to carry out production of the gypsum or limestone, or both, as the case may be.

(6) Each mining lease that was in effect immediately before the coming into force of this Section is no longer in effect on and after the coming into force of this Section, but each person who was, immediately before the coming into force of this Section, the holder of the lease is, on and after the coming into force of this Section, deemed to have been granted, on the coming into force of this Section, a mineral lease in Form 14 of the regulations with respect to the same area and minerals that were subject to the mining lease at a yearly rental as prescribed by or under Chapter 18 or at such other rates as shall from time to time be determined by order of the Governor in Council, such rental to be payable yearly in advance, the first payment to be made on the date on which this Section comes into force and thereafter on each anniversary of that date.

(7) Each special lease that was issued prior to March 6, 1991, and that was in effect immediately before the coming into force of this Section continues in effect on and after the coming into force of this Section until it terminates by reason of lapse of time or is lawfully terminated.

(8) Each special lease that was issued on or after March 6, 1991, and that was in effect immediately prior to the coming into force of this Section continues in effect on and after the coming into force of this Section until it terminates by reason of lapse of time or is lawfully terminated except that on and after the coming into force of this Section, it shall be read as if it were amended on the coming into force of this Section by striking out clause 4 of the special lease.

(9) Each mining plan that was, before the coming into force of this Section, approved pursuant to Section 93 of Chapter 18, is, with respect to any subsequent transaction, matter or thing, deemed not to have been so approved.

(10) For greater certainty, nothing in this Section prevents the amendment of any document after the coming into force of this Section by all the parties to the document.

76 (1) Section 53 of Chapter 1 of the Acts of 1994-95, the Environment Act, is amended by adding immediately after subsection (4) the following subsection:

(2) Section 54 of Chapter 1 is amended by adding immediately after subsection (1) the following subsection:

(3) Section 56 of Chapter 1 is amended by adding immediately after subsection (1) the following subsection:

77 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

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This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 1999 Crown in right of Nova Scotia. Created November 25, 1999. Send comments to legc.office@gov.ns.ca.